Md Sirajuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13404 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== MD SIRAJUDDIN S/O Md. Kasim @ Md. Idrish R/O VillageShubhkaranganj, P.S- Ara (Muffasil), District- Bhojpur (Ara) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State of Bihar through vigilance, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 467, 468, 471, 420, 120B of the IPC.

The allegation against the petitioner is that he procured his appointment as a teacher in Middle School, Chakni at Buxar on the basis of forged certificate.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that petitioner has given

Patna High Court CR. MISC. No.13404 of 2023(3) dt.17-05-2023 2/3 application for correction of his name as well as name of his father to the Bihar Board Madarsa Education Board, Patna (hereinafter referred to as the 'BBMEB') prior to the lodging of present case and an affidavit regarding the same was executed by the petitioner before the Executive Magistrate, Bhojpur, Ara. The petitioner has not submitted any forged documents rather due to error on behalf of BBMEB, petitioner's name has been wrongly mentioned. Petitioner has got no knowledge earlier that the name of the petitioner as well as his father was changed in the original document before the Madarsa Board. A supplementary affidavit has been filed on behalf of the petitioner that, petitioner is ready to resign from his post. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.13404 of 2023(3) dt.17-05-2023 3/3 of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Brahmpur P.S. Case No. 478 of 2022. (Sunil Kumar Panwar, J) arish/- U T